Kentucky Case Commentaries

Proper Application of Discretion Standards in Daubert Hearings: Miller v. Eldridge

Date: Oct 22, 2004

Proper Application of Discretion Standards in Daubert Hearings: Miller v. Eldridge Introduction Miller v. Eldridge, 146 S.W.3d 909 (Ky. 2004), is a pivotal case adjudicated by the Supreme Court of...

Consciousness of Guilt Through Identity Misrepresentation: Kentucky Supreme Court in Woodard v. Commonwealth

Date: Oct 22, 2004

Consciousness of Guilt Through Identity Misrepresentation: Kentucky Supreme Court in Woodard v. Commonwealth Introduction Background: In the case of James Clayton Woodard v. Commonwealth of Kentucky,...

Pursley v. Pursley: Enforcing Agreed-Upon Child Support Beyond Guidelines

Date: Sep 24, 2004

Pursley v. Pursley: Enforcing Agreed-Upon Child Support Beyond Guidelines Introduction Pursley v. Pursley, 144 S.W.3d 820 (Supreme Court of Kentucky, 2004), addresses critical issues surrounding the...

Affirmation of Rights to Self-Representation in Capital Cases: SOTO v. COMmonwealth

Date: Aug 27, 2004

Affirmation of Rights to Self-Representation in Capital Cases: SOTO v. COMmonwealth Introduction Miguel SOTO v. COMmonwealth of Kentucky is a landmark case adjudicated by the Supreme Court of...

Lexington-Fayette Urban County Government v. Jurdana: Affirming Sovereign Immunity and Implications for Apportionment Under KRS 411.182

Date: Aug 27, 2004

Lexington-Fayette Urban County Government v. Jurdana: Affirming Sovereign Immunity and Implications for Apportionment Under KRS 411.182 Introduction The case of Lexington-Fayette Urban County...

Mandatory Inclusion of Life Without Parole Sentencing Instruction upon Defendant's Consent: Michael D. ST. CLAIR v. COMMONWEALTH of Kentucky

Date: Aug 27, 2004

Mandatory Inclusion of Life Without Parole Sentencing Instruction upon Defendant's Consent: Michael D. ST. CLAIR v. COMMONWEALTH of Kentucky Introduction The case of Michael D. ST. CLAIR v....

Application of 'Regarded As' Prong in Disability Discrimination Claims: Hallahan v. The Courier-Journal

Date: Aug 4, 2004

Application of 'Regarded As' Prong in Disability Discrimination Claims: Hallahan v. The Courier-Journal Introduction The case of Dan Hallahan v. The Courier-Journal (138 S.W.3d 699) adjudicated by...

Admissibility of Expert Testimony in Product Liability: Toyota v. Gregory

Date: Jun 15, 2004

Admissibility of Expert Testimony in Product Liability: Toyota v. Gregory Introduction The Supreme Court of Kentucky delivered a pivotal decision in the case of Toyota Motor Corporation et al. v. Yu...

Adoption of Restatement §552 for Negligent Misrepresentation and Clarification of the Economic Loss Rule in Kentucky: Presnell Construction Managers, Inc. v. EH Construction, LLC

Date: May 21, 2004

Adoption of Restatement §552 for Negligent Misrepresentation and Clarification of the Economic Loss Rule in Kentucky: Presnell Construction Managers, Inc. v. EH Construction, LLC Introduction In the...

Enhanced Protections Against Retaliation under the Kentucky Civil Rights Act

Date: May 21, 2004

Enhanced Protections Against Retaliation under the Kentucky Civil Rights Act Introduction In the landmark case of Brooks v. Lexington-Fayette Urban County Housing Authority, the Supreme Court of...

Establishing the Threshold for Disability under the Kentucky Civil Rights Act: Heavy Lifting Restrictions Do Not Constitute Disability

Date: Mar 19, 2004

Establishing the Threshold for Disability under the Kentucky Civil Rights Act: Heavy Lifting Restrictions Do Not Constitute Disability Introduction The case of Howard Baer, Inc., et al. v. Herbert D....

Establishing the Due Process Right to Present Alternative Perpetrator Defenses: Beaty v. Commonwealth of Kentucky

Date: Feb 20, 2004

Establishing the Due Process Right to Present Alternative Perpetrator Defenses: Beaty v. Commonwealth of Kentucky Introduction Beaty v. Commonwealth of Kentucky, 125 S.W.3d 196 (2004), is a pivotal...

Sexton v. Sexton: Upholding Nonmarital Property Rights in Partnership Interests

Date: Jan 23, 2004

Sexton v. Sexton: Upholding Nonmarital Property Rights in Partnership Interests Introduction The case of Jennifer Paige Sexton v. Larry Duane Sexton, adjudicated by the Supreme Court of Kentucky on...

Punitive Damages Excluded in KCRA Retaliation Claims: Insights from McCullough v. Kentucky Dept. of Corrections

Date: Jan 23, 2004

Punitive Damages Excluded in KCRA Retaliation Claims: Insights from McCullough v. Kentucky Dept. of Corrections Introduction In the landmark case of Kentucky Department of Corrections and Dewey...

Admissibility of Settlement Agreements and Expert Witness Compensation: Insights from Miller v. Marymount Medical Center

Date: Jan 23, 2004

Admissibility of Settlement Agreements and Expert Witness Compensation: Insights from Miller v. Marymount Medical Center Introduction Miller v. Marymount Medical Center, 125 S.W.3d 274 (2004), is a...

Affirmation of Capital Sentences in Joint Trials: Insights from CAUDILL v. COMMONWEALTH of Kentucky

Date: Dec 19, 2003

Affirmation of Capital Sentences in Joint Trials: Insights from CAUDILL v. COMMONWEALTH of Kentucky Introduction Virginia Susan Caudill and Johnathon Wayne Goforth were arrested and subsequently...

Negligent Supervision in School-Sponsored Activities: Kentucky Supreme Court Sets New Precedent

Date: Sep 24, 2003

Negligent Supervision in School-Sponsored Activities: Kentucky Supreme Court Sets New Precedent Introduction The case of Mitchell Williams, individually; Mary E. Williams, individually; and Mitchell...

Pathways, Inc. v. Hammons: Reinforcing the Threshold for Legal Causation in Negligence Claims

Date: Aug 22, 2003

Pathways, Inc. v. Hammons: Reinforcing the Threshold for Legal Causation in Negligence Claims Introduction Pathways, Inc. v. Brenda Hammons (113 S.W.3d 85), adjudicated by the Supreme Court of...

Affirmation of Sovereign Immunity in Meade County v. Schwindel

Date: Aug 22, 2003

Affirmation of Sovereign Immunity in Meade County v. Schwindel Introduction Meade County v. Schwindel (No. 2001-SC-0648-TG) is a pivotal case adjudicated by the Supreme Court of Kentucky on August...

Informed Consent and Standing in Child Custody: Regina Moore v. Asente

Date: Aug 13, 2003

Informed Consent and Standing in Child Custody: Regina Moore v. Asente Introduction Regina Moore and Jerry Dorning v. Richard and Cheryl Asente is a landmark decision by the Supreme Court of...